On 16 February 2025, Google will change its policy to allow the use of fingerprinting in its advertising products. As data protection professionals, we must understand the profound implications of this move for user privacy and compliance with regulatory frameworks.
Understanding Fingerprinting: Fingerprinting involves collecting various data points from a device’s hardware and software to create a unique profile. This allows almost unobservable tracking of a device and, by extension, its user. The Information Commissioner’s Office ICO has criticized this method, asserting it negates user consent and complicates tracking control.
Challenges Presented: Unlike cookies, which users can manage through browser settings, fingerprinting persists beyond ordinary measures such as clearing browser data. Hence, it represents a significant shift in tracking technology, raising concerns about transparency and user control. Google itself previously argued that fingerprinting does not meet user privacy expectations as it undermines user choice—a stance they have now reversed.
Compliance and Expectations: The ICO is clear: fingerprinting must adhere to data protection laws, including the Privacy and Electronic Communications Regulations PECR. Organizations must ensure they secure explicit consent and provide users with transparent choices about how their data is collected and used—a high compliance bar that cannot be overlooked.
ICO’s Draft Guidance: In response to Google’s policy change, the ICO has released draft guidance detailing how data protection laws apply to fingerprinting technology. Businesses planning to leverage this technique need to demonstrate compliance with the principles of transparency, consent, and the protection of information rights, such as the right to data erasure.
Fostering Privacy-First Advertisements: This development emphasizes the need for a privacy-conscious approach to online advertising. The ICO’s forthcoming strategy aims to return control over their personal information to users, detailing plans to ensure that personalized advertising remains compliant and respects user privacy.
Prioritizing the lawful deployment of fingerprinting is paramount in maintaining the trust of users and demonstrating ethical data practices. Continued engagement with regulatory bodies and compliance with established guidelines will be crucial for organizations navigating these changing landscapes.
Original source link: [ico.org.uk](https://ico.org.uk/about-the-ico/media-centre/news-and-blogs/2024/12/our-response-to-google-s-policy-change-on-fingerprinting/).